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WILSON v. RICHARDSON

No. 71-1459.

455 F.2d 304 (1972)

Freddie L. WILSON, Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1972.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Kathryn H. Baldwin and Thomas J. Press, Attys., Dept. of Justice, and Keith S. Snyder, U. S. Atty., on brief), for appellant.

Donald M. Tepper, Charlotte, N. C. (Blackford & Tepper, Charlotte, N. C., on brief), for appellee.

Before SOBELOFF, Senior Circuit Judge, and CRAVEN and FIELD, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

By this appeal the Secretary of Health, Education and Welfare seeks review and reversal of the District Court's finding that appellee Freddie L. Wilson is disabled within the meaning of the Social Security Act and entitled to disability benefits.

The Act defines disability in 42 U.S.C. § 423(d) (1) (A) as

inability to engage in any substantial gainful activity by reason of any medically determinable physical or...

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